Brussels Court of First Instance, Civil, SABAM v. Tiscali SA/NV (“The Tiscali/Scarlet case”), 04/8975A, November, 26 2004]

(1) The Court had to answer the question whether an internet service provider could be required to install a filtering system with a view to preventing the illegal downloading of files. (2) The Court confirmed the possibility of introducing an injunction based on copyright infringement against an access provider even if said provider can benefit from the liability exemption regime provided for in the eCommerce Directive. The injunction does not presuppose any prior finding of fault, and therefore liability, on the part of the intermediary. (3) However, if the theoretical possibility of a blocking order against ISPs was confirmed, it remained to be seen if the provider has, in fact, the material possibility to comply with such an order. The Court ordered an expert testimony on this subject and the reopening of the debate (see above).